senate Bill S6958B

2011-2012 Legislative Session

Relates to jurisdiction and venue for a pattern of criminal offenses

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2012 referred to codes
delivered to assembly
passed senate
Jun 11, 2012 amended on third reading (t) 6958c
Jun 04, 2012 advanced to third reading
May 31, 2012 2nd report cal.
May 30, 2012 1st report cal.928
Apr 30, 2012 print number 6958b
amend and recommit to consumer protection
Apr 19, 2012 print number 6958a
amend and recommit to consumer protection
Apr 16, 2012 referred to consumer protection

Votes

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May 30, 2012 - Consumer Protection committee Vote

S6958B
9
0
committee
9
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Consumer Protection committee vote details

Consumer Protection Committee Vote: May 30, 2012

aye wr (1)

Bill Amendments

Original
A
B
C (Active)
Original
A
B
C (Active)

S6958 - Bill Details

See Assembly Version of this Bill:
A10507
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §393-e, Gen Bus L; add §70.16, Pen L

S6958 - Bill Texts

view summary

Relates to jurisdiction and venue for a pattern of criminal offenses.

view sponsor memo
BILL NUMBER:S6958

TITLE OF BILL:
An act
to amend the general business law and
the penal law, in relation to establishing jurisdiction and
venue for a pattern of criminal offenses

PURPOSE OR GENERAL IDEA OF BILL:
This bill relates to jurisdiction and venue for a pattern of criminal
offenses, granting jurisdiction to any county when at least one of
the crimes constituting a pattern occurs within their county.

SUMMARY OF PROVISIONS:
Section One amends the general business law by adding a new section
527 which provides that a person may be prosecuted for criminal
actions with respect to each of the alleged criminal offenses
included within a pattern of criminal offense that are part of the
same plan, scheme or adventure, in any county where at least one of
the alleged criminal offenses has occurred when such offense is part
of the alleged pattern of criminal activity.

Section Two makes conforming changes to penal law by adding a new
section 70.16.

Section Three is the effective date.

JUSTIFICATION:
This bill is part of a package of legislation that seeks to cut down
on patterns of criminal activity that rise to the level of "organized
retail theft". According to the Federal Bureau of Investigation,
organized retail theft costs United States retailers about $30
billion per year. Organized retail crime comprises a wide spectrum of
high volume and highly organized theft rings that cost New York
retailers specifically hundreds of millions of dollars annually and,
more importantly, compromise the health, safety, and welfare of
unsuspecting New York consumers. For every item stolen, New York
State and local governments lose out on sales tax revenue - again,
adding up to millions annually. Organized retail theft is the most
serious security issue facing many retail merchants, including
apparel and accessory retailers, mass merchandisers, do-it-yourself
stores, drug stores, and supermarkets. It's a crime that has grown
substantially over the past decade, and has continued to grow at
unprecedented level. Retailers are forced to offset these significant
costs through higher prices meaning that honest and consumers are
forced to endure the impact of organized retail theft and
professional shoplifters.

This legislation amends the penal law to allow crimes falling under
the definition of organized retail theft to be prosecuted in any
county where at least one alleged offense that is part of the pattern

of activity has occurred. Under this legislation, one district court
would be granted jurisdiction over all criminal offenses, persons,
and property that form the pattern of criminal offenses.

These highly intelligent criminals are well aware of the
jurisdictional limitations under our current penal system and avoid
committing multiple offenses in the same county to avoid harsher
penalties. This bill would give law enforcement officials another
tool in curbing organized retail crime.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6958

                            I N  S E N A T E

                             April 16, 2012
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law and the penal law, in  relation
  to  establishing  jurisdiction  and  venue  for  a pattern of criminal
  offenses

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
527 to read as follows:
  S 527. JURISDICTION AND VENUE FOR A PATTERN OF CRIMINAL OFFENSE.  1. A
PERSON  MAY  BE  PROSECUTED FOR CRIMINAL ACTIONS WITH RESPECT TO EACH OF
THE ALLEGED CRIMINAL OFFENSES INCLUDED  WITHIN  A  PATTERN  OF  CRIMINAL
OFFENSES  THAT ARE PART OF THE SAME PLAN, SCHEME, OR ADVENTURE OF ORGAN-
IZED RETAIL CRIME, IN ANY COUNTY WHERE AT  LEAST  ONE  ALLEGED  CRIMINAL
OFFENSE  HAS OCCURRED AND SUCH OFFENSE IS PART OF THE ALLEGED PATTERN OF
CRIMINAL ACTIVITY. ONE DISTRICT COURT MAY POSSESS JURISDICTION OVER  ALL
CRIMINAL OFFENSES, PERSONS AND PROPERTY THAT ARE PART OF, OR ARE DIRECT-
LY  RELATED TO, EACH OR ALL OF THE ALLEGED CRIMINAL OFFENSES FORMING THE
ALLEGED PATTERN OF CRIMINAL OFFENSES OF ORGANIZED RETAIL CRIME.
  2. THIS SECTION SHALL BE ENFORCED IN ANY COUNTY  WHERE  AT  LEAST  ONE
ALLEGED  CRIMINAL  OFFENSE  HAS OCCURRED AND SUCH OFFENSE IS PART OF THE
ALLEGED PATTERN OF CRIMINAL ACTIVITY.
  S 2. The penal law is amended by adding a new section 70.16 to read as
follows:
S 70.16 JURISDICTION AND VENUE FOR A PATTERN OF CRIMINAL OFFENSE.
  1. A PERSON MAY BE PROSECUTED FOR CRIMINAL  ACTIONS  WITH  RESPECT  TO
EACH OF THE ALLEGED CRIMINAL OFFENSES INCLUDED WITHIN A PATTERN OF CRIM-
INAL  OFFENSES  THAT ARE PART OF THE SAME PLAN, SCHEME, OR ADVENTURE, IN
ANY COUNTY WHERE AT LEAST ONE ALLEGED CRIMINAL OFFENSE HAS OCCURRED  AND
SUCH  OFFENSE  IS  PART OF THE ALLEGED PATTERN OF CRIMINAL ACTIVITY. ONE
DISTRICT COURT MAY POSSESS  JURISDICTION  OVER  ALL  CRIMINAL  OFFENSES,
PERSONS  AND PROPERTY THAT ARE PART OF, OR ARE DIRECTLY RELATED TO, EACH
OR ALL OF THE ALLEGED CRIMINAL OFFENSES FORMING THE ALLEGED  PATTERN  OF
CRIMINAL OFFENSES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15083-02-2

S. 6958                             2

  2.  THIS  SECTION  SHALL  BE ENFORCED IN ANY COUNTY WHERE AT LEAST ONE
ALLEGED CRIMINAL OFFENSE HAS OCCURRED AND SUCH OFFENSE IS  PART  OF  THE
ALLEGED PATTERN OF CRIMINAL ACTIVITY.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

S6958A - Bill Details

See Assembly Version of this Bill:
A10507
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §393-e, Gen Bus L; add §70.16, Pen L

S6958A - Bill Texts

view summary

Relates to jurisdiction and venue for a pattern of criminal offenses.

view sponsor memo
BILL NUMBER:S6958A

TITLE OF BILL:
An act
to amend the general business law and
the penal law, in relation to establishing jurisdiction and
venue for a pattern of criminal offenses

PURPOSE OR GENERAL IDEA OF BILL:
This bill relates to jurisdiction and venue for a pattern of criminal
offenses, granting jurisdiction to any county when at least one of
the crimes constituting a pattern occurs within their county.

SUMMARY OF PROVISIONS:
Section One amends the general business law by adding a new section
393-e which provides that a person may be prosecuted for criminal
actions with respect to each of the alleged criminal offenses
included within a pattern of criminal offense that are part of the
same plan, scheme or adventure, in any county where at least one
of the alleged criminal offenses has occurred when such offense
is part of the alleged pattern of criminal activity.

Section Two makes conforming changes to penal law by adding a new
section 70.16.

Section Three is the effective date.

JUSTIFICATION:
This bill is part of a package of legislation that seeks to cut down
on patterns of criminal activity that rise to the level of "organized
retail theft". According to the Federal Bureau of Investigation,
organized retail theft costs United States retailers about $30
billion per year. Organized retail crime comprises a wide spectrum of
high volume and highly organized theft rings that cost New York
retailers specifically hundreds of millions of dollars annually and,
more importantly, compromise the health, safety, and welfare of
unsuspecting New York consumers. For every item stolen, New York
State and local governments lose out on sales tax revenue- again,
adding up to millions annually. Organized retail theft is the most
serious security issue facing many retail merchants, including
apparel and accessory retailers, mass merchandisers, do-it-yourself
stores, drug stores, and supermarkets. It's a crime that has grown
substantially over the past decade, and has continued to grow at
unprecedented level. Retailers are forced to offset these significant
costs through higher prices meaning that honest and consumers are
forced to endure the impact of organized retail theft and
professional shoplifters.

This legislation amends the penal law to allow crimes falling under
the definition of organized retail theft to be prosecuted in any
county where at least one alleged offense that is part of the pattern

of activity has occurred. Under this legislation, one district court
would be granted jurisdiction over all criminal offenses, persons,
and property that form the pattern of criminal offenses.

These highly intelligent criminals are well aware of the
jurisdictional limitations under our current penal system and avoid
committing multiple offenses in the same county to avoid harsher
penalties. This bill would give law enforcement officials another
tool in curbing organized retail crime.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6958--A

                            I N  S E N A T E

                             April 16, 2012
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the general business law and the penal law, in  relation
  to  establishing  jurisdiction  and  venue  for  a pattern of criminal
  offenses

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
393-e to read as follows:
  S 393-E. JURISDICTION AND VENUE FOR A PATTERN OF CRIMINAL OFFENSE.  1.
A  PERSON MAY BE PROSECUTED FOR CRIMINAL ACTIONS WITH RESPECT TO EACH OF
THE ALLEGED CRIMINAL OFFENSES INCLUDED  WITHIN  A  PATTERN  OF  CRIMINAL
OFFENSES  THAT ARE PART OF THE SAME PLAN, SCHEME, OR ADVENTURE OF ORGAN-
IZED RETAIL CRIME, IN ANY COUNTY WHERE AT  LEAST  ONE  ALLEGED  CRIMINAL
OFFENSE  HAS OCCURRED AND SUCH OFFENSE IS PART OF THE ALLEGED PATTERN OF
CRIMINAL ACTIVITY. ONE DISTRICT COURT MAY POSSESS JURISDICTION OVER  ALL
CRIMINAL OFFENSES, PERSONS AND PROPERTY THAT ARE PART OF, OR ARE DIRECT-
LY  RELATED TO, EACH OR ALL OF THE ALLEGED CRIMINAL OFFENSES FORMING THE
ALLEGED PATTERN OF CRIMINAL OFFENSES OF ORGANIZED RETAIL CRIME.
  2. THIS SECTION SHALL BE ENFORCED IN ANY COUNTY  WHERE  AT  LEAST  ONE
ALLEGED  CRIMINAL  OFFENSE  HAS OCCURRED AND SUCH OFFENSE IS PART OF THE
ALLEGED PATTERN OF CRIMINAL ACTIVITY.
  S 2. The penal law is amended by adding a new section 70.16 to read as
follows:
S 70.16 JURISDICTION AND VENUE FOR A PATTERN OF CRIMINAL OFFENSE.
  1. A PERSON MAY BE PROSECUTED FOR CRIMINAL  ACTIONS  WITH  RESPECT  TO
EACH OF THE ALLEGED CRIMINAL OFFENSES INCLUDED WITHIN A PATTERN OF CRIM-
INAL  OFFENSES  THAT ARE PART OF THE SAME PLAN, SCHEME, OR ADVENTURE, IN
ANY COUNTY WHERE AT LEAST ONE ALLEGED CRIMINAL OFFENSE HAS OCCURRED  AND
SUCH  OFFENSE  IS  PART OF THE ALLEGED PATTERN OF CRIMINAL ACTIVITY. ONE
DISTRICT COURT MAY POSSESS  JURISDICTION  OVER  ALL  CRIMINAL  OFFENSES,
PERSONS  AND PROPERTY THAT ARE PART OF, OR ARE DIRECTLY RELATED TO, EACH

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15083-03-2

S. 6958--A                          2

OR ALL OF THE ALLEGED CRIMINAL OFFENSES FORMING THE ALLEGED  PATTERN  OF
CRIMINAL OFFENSES.
  2.  THIS  SECTION  SHALL  BE ENFORCED IN ANY COUNTY WHERE AT LEAST ONE
ALLEGED CRIMINAL OFFENSE HAS OCCURRED AND SUCH OFFENSE IS  PART  OF  THE
ALLEGED PATTERN OF CRIMINAL ACTIVITY.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

Co-Sponsors

S6958B - Bill Details

See Assembly Version of this Bill:
A10507
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §393-e, Gen Bus L; add §70.16, Pen L

S6958B - Bill Texts

view summary

Relates to jurisdiction and venue for a pattern of criminal offenses.

view sponsor memo
BILL NUMBER:S6958B

TITLE OF BILL:
An act
to amend the general business law and
the penal law, in relation to establishing jurisdiction and
venue for a pattern of criminal offenses

PURPOSE OR GENERAL IDEA OF BILL:
This bill relates to jurisdiction and venue for a pattern of criminal
offenses, granting jurisdiction to any county when at least one of
the crimes constituting a pattern occurs within their county.

SUMMARY OF PROVISIONS:
Section One amends the general business law by adding a new section
393-e which provides that a person may be prosecuted for criminal
actions with respect to each of the alleged criminal offenses
included within a pattern of criminal offense that are part of the
same plan, scheme or adventure, in any county where at least one of
the alleged criminal offenses has occurred when such offense is part
of the alleged pattern of criminal activity.

Section Two makes conforming changes to penal law by adding a new
section 70.16.

Section Three is the effective date.

JUSTIFICATION:
This bill is part of a package of legislation that seeks to cut down
on patterns of criminal activity that rise to the level of "organized
retail theft". According to the Federal Bureau of Investigation,
organized retail theft costs united States retailers about $30
billion per year. organized retail crime comprises a wide spectrum of
high volume and highly organized theft rings that cost New York
retailers specifically hundreds of millions of dollars annually and,
more importantly, compromise the health, safety, and welfare of
unsuspecting New York consumers. For every item stolen, New York
State and local governments lose out on sales tax revenue again,
adding up to millions annually. Organized retail theft is the most
Serious security issue facing many retail merchants, including
apparel and accessory retailers, mass merchandisers, do-it-yourself
stores, drug stores, and supermarkets. It's a crime that has grown
substantially over the past decade, and has continued to grow at
unprecedented level. Retailers are forced to offset these significant
costs through higher prices meaning that honest and consumers are
forced to endure the impact of organized retail theft and
professional shoplifters.

This legislation amends the penal law to allow crimes falling under
the definition of organized retail theft to be prosecuted in any
county where at least one alleged offense that is part of the pattern

of activity has occurred. Under this legislation, one district court
would be granted jurisdiction over all criminal offenses, persons,
and property that form the pattern of criminal offenses.

These highly intelligent criminals are well aware of the
jurisdictional limitations under our current penal system and avoid
committing multiple offenses in the same county to avoid harsher
penalties. This bill would give law enforcement officials another
tool in curbing organized retail crime.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6958--B

                            I N  S E N A T E

                             April 16, 2012
                               ___________

Introduced  by  Sen.  ZELDIN -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- committee discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT to amend the general business law and the penal law, in relation
  to establishing jurisdiction and  venue  for  a  pattern  of  criminal
  offenses

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
393-e to read as follows:
  S 393-E. JURISDICTION AND VENUE FOR A PATTERN OF CRIMINAL OFFENSE.  1.
A PERSON MAY BE PROSECUTED FOR CRIMINAL ACTIONS WITH RESPECT TO EACH  OF
THE  ALLEGED  CRIMINAL  OFFENSES  INCLUDED  WITHIN A PATTERN OF CRIMINAL
OFFENSES THAT ARE PART OF THE SAME PLAN, SCHEME, OR ADVENTURE OF  ORGAN-
IZED  RETAIL  CRIME,  IN  ANY COUNTY WHERE AT LEAST ONE ALLEGED CRIMINAL
OFFENSE HAS OCCURRED AND SUCH OFFENSE IS PART OF THE ALLEGED PATTERN  OF
CRIMINAL ACTIVITY. ONE DISTRICT COURT OR COUNTY COURT MAY POSSESS JURIS-
DICTION  OVER  ALL CRIMINAL OFFENSES, PERSONS AND PROPERTY THAT ARE PART
OF, OR ARE DIRECTLY RELATED TO, EACH OR  ALL  OF  THE  ALLEGED  CRIMINAL
OFFENSES  FORMING  THE ALLEGED PATTERN OF CRIMINAL OFFENSES OF ORGANIZED
RETAIL CRIME.
  2. THIS SECTION SHALL BE ENFORCED IN ANY COUNTY  WHERE  AT  LEAST  ONE
ALLEGED  CRIMINAL  OFFENSE  HAS OCCURRED AND SUCH OFFENSE IS PART OF THE
ALLEGED PATTERN OF CRIMINAL ACTIVITY.
  S 2. The penal law is amended by adding a new section 70.16 to read as
follows:
S 70.16 JURISDICTION AND VENUE FOR A PATTERN OF CRIMINAL OFFENSE.
  1. A PERSON MAY BE PROSECUTED FOR CRIMINAL  ACTIONS  WITH  RESPECT  TO
EACH OF THE ALLEGED CRIMINAL OFFENSES INCLUDED WITHIN A PATTERN OF CRIM-
INAL  OFFENSES  THAT ARE PART OF THE SAME PLAN, SCHEME, OR ADVENTURE, IN
ANY COUNTY WHERE AT LEAST ONE ALLEGED CRIMINAL OFFENSE HAS OCCURRED  AND
SUCH  OFFENSE  IS  PART OF THE ALLEGED PATTERN OF CRIMINAL ACTIVITY. ONE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15083-04-2

S. 6958--B                          2

DISTRICT COURT OR COUNTY COURT MAY POSSESS JURISDICTION OVER ALL  CRIMI-
NAL  OFFENSES,  PERSONS  AND  PROPERTY THAT ARE PART OF, OR ARE DIRECTLY
RELATED TO, EACH OR ALL OF THE ALLEGED  CRIMINAL  OFFENSES  FORMING  THE
ALLEGED PATTERN OF CRIMINAL OFFENSES.
  2.  THIS  SECTION  SHALL  BE ENFORCED IN ANY COUNTY WHERE AT LEAST ONE
ALLEGED CRIMINAL OFFENSE HAS OCCURRED AND SUCH OFFENSE IS  PART  OF  THE
ALLEGED PATTERN OF CRIMINAL ACTIVITY.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

Co-Sponsors

S6958C (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A10507
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add §393-e, Gen Bus L; add §70.16, Pen L

S6958C (ACTIVE) - Bill Texts

view summary

Relates to jurisdiction and venue for a pattern of criminal offenses.

view sponsor memo
BILL NUMBER:S6958C

TITLE OF BILL:
An act
to amend the penal law, in relation to establishing jurisdiction and
venue for a pattern of criminal offenses

PURPOSE OR GENERAL IDEA OF BILL:
This bill relates to jurisdiction and venue for a pattern of criminal
offenses, granting jurisdiction to any county when at least one of
the crimes constituting a pattern occurs within their county.

SUMMARY OF PROVISIONS:
Section One amends the penal law by adding a new section 70.16 which
provides that a person may be prosecuted for criminal actions with
respect to each of the alleged criminal offenses included within a
pattern of criminal offense that are part of the same plan, scheme or
adventure, in any county where at least one of the alleged criminal
offenses has occurred when such offense is part of the alleged
pattern of criminal activity.

Section Two is the effective date.

JUSTIFICATION:
This bill is part of a package of legislation that seeks to cut down
on patterns of criminal activity that rise to the level of "organized
retail theft". According to the Federal Bureau of Investigation,
organized retail theft costs United States retailers about $30
billion per year. Organized retail crime comprises a wide spectrum of
high volume and highly organized theft rings that cost New York
retailers specifically hundreds of millions of dollars annually and,
more importantly, compromise the health, safety, and welfare of
unsuspecting New York consumers. For every item stolen, New York
State and local governments lose out on sales tax revenue- again,
adding up to millions annually. Organized retail theft is the most
serious security issue facing many retail merchants, including
apparel and accessory retailers, mass merchandisers, do-it-yourself
stores, drug stores, and supermarkets. It's a crime that has grown
substantially over the past decade, and has continued to grow at
unprecedented level. Retailers are forced to offset these significant
costs through higher prices meaning that honest and consumers are
forced to endure the impact of organized retail theft and
professional shoplifters.

This legislation amends the penal law to allow crimes falling under
the definition of organized retail theft to be prosecuted in any
county where at least one alleged offense that is part of the pattern
of activity has occurred. Under this legislation, one district court
would
be granted jurisdiction over all criminal offenses, persons, and
property that form the pattern of criminal offenses.

These highly intelligent criminals are well aware of the
jurisdictional limitations under our current penal system and avoid
committing multiple offenses in the same county to avoid harsher
penalties. This bill would give law enforcement officials another
tool in curbing organized retail crime.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding
the date on which it shall have become a law.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6958--C
    Cal. No. 928

                            I N  S E N A T E

                             April 16, 2012
                               ___________

Introduced  by  Sens. ZELDIN, VALESKY -- read twice and ordered printed,
  and when  printed  to  be  committed  to  the  Committee  on  Consumer
  Protection -- committee discharged, bill amended, ordered reprinted as
  amended  and  recommitted  to  said committee -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee  -- reported favorably from said committee, ordered to first
  and second report, ordered to a third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading

AN  ACT to amend the penal law, in relation to establishing jurisdiction
  and venue for a pattern of criminal offenses

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The penal law is amended by adding a new section 70.16 to
read as follows:
S 70.16 JURISDICTION AND VENUE FOR A PATTERN OF ORGANIZED  RETAIL  CRIME
          OFFENSES.
  1.  A  PERSON  MAY  BE PROSECUTED FOR CRIMINAL ACTIONS WITH RESPECT TO
EACH OF THE ALLEGED CRIMINAL OFFENSES INCLUDED WITHIN A PATTERN OF CRIM-
INAL OFFENSES THAT ARE PART OF THE SAME PLAN, SCHEME,  OR  ADVENTURE  OF
ORGANIZED  RETAIL CRIME, IN ANY COUNTY WHERE AT LEAST ONE ALLEGED CRIMI-
NAL OFFENSE HAS OCCURRED AND SUCH OFFENSE IS PART OF THE ALLEGED PATTERN
OF CRIMINAL ACTIVITY. ONE DISTRICT COURT OR  COUNTY  COURT  MAY  POSSESS
JURISDICTION  OVER  ALL CRIMINAL OFFENSES, PERSONS AND PROPERTY THAT ARE
PART OF, OR ARE DIRECTLY RELATED TO, EACH OR ALL OF THE ALLEGED CRIMINAL
OFFENSES FORMING THE ALLEGED PATTERN OF CRIMINAL OFFENSES.
  2. THIS SECTION SHALL BE ENFORCED IN ANY COUNTY  WHERE  AT  LEAST  ONE
ALLEGED  CRIMINAL  OFFENSE  HAS OCCURRED AND SUCH OFFENSE IS PART OF THE
ALLEGED PATTERN OF CRIMINAL ACTIVITY.
  3. FOR PURPOSES OF THIS SECTION, ORGANIZED RETAIL CRIME SHALL MEAN THE
STEALING, EMBEZZLEMENT, OR OBTAINING BY FRAUD, FALSE PRETENSES, OR OTHER
ILLEGAL MEANS, RETAIL MERCHANDISE IN QUANTITIES THAT WOULD NOT  NORMALLY
BE  PURCHASED  FOR  PERSONAL  USE  OR  CONSUMPTION,  FOR THE PURPOSES OF
RESELLING, TRADING, OR OTHERWISE REENTERING SUCH RETAIL  MERCHANDISE  IN
COMMERCE.
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15083-08-2

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